In Re Elodio O.

People v. Elodio O.

Caution
1997 Cal. App. LEXIS 621·56 Cal. App. 4th 1175·66 Cal. Rptr. 2d 95·97 Daily Journal DAR 9973·97 Cal. Daily Op. Serv. 6095
Court of Appeal of CaliforniaJuly 31, 1997F026659California1,979 words

Opinion

Opinion

Acting, J.

In the published portion of this opinion we address a question not yet reached directly by any court concerning the California Street Terrorism Enforcement and Prevention Act. (Pen. Code, § 186.20 et seq.) We determine the provision of section 186.22, subdivision (f), that a criminal street gang have as one of its primary activities the commission of certain enumerated crimes, requires proof of such crimes by evidence other than the current crimes. We also hold, based on established authority, that the requirement of showing engagement in a pattern of criminal gang activity may be established by proof of current offenses.

In the unpublished portion of the opinion we conclude substantial evidence establishes appellant’s commission of a robbery, and we agree with appellant section 654 requires a stay of confinement time for a second offense, assault by means of force likely to produce great bodily injury.

Background

In the early evening of March 25, 1996, Dimas Rodriguez was riding his bicycle through Camacho Park in Reedley when a group of boys attacked him with sticks and baseball bats. Rodriguez suffered serious injuries and his bicycle was stolen.

John Carrillo, a…

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